[Federal Register: October 19, 2006 (Volume 71, Number 202)]
[Rules and Regulations]
[Page 61646-61648]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc06-7]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25060; Directorate Identifier 2006-NM-119-AD;
Amendment 39-14792; AD 2006-21-07]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A321 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an airworthiness authority
of another country to identify and correct an unsafe condition on an
aviation product. We are issuing this AD to require actions to correct
the unsafe condition on these products.
DATES: This AD becomes effective November 24, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 24,
2006.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street SW., Nassif Building,
Room PL-401, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on June 19, 2006 (71 FR
35220). That NPRM proposed to require the removal of one of the two
inflating vacuums in order to reduce the speed of the slide inflation.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Requests To Change Compliance Time
Airbus concurs with the contents of the NPRM. Airbus notes that
French airworthiness directive F-2005-155, dated August 31, 2005,
mandated corrective actions be done before September 10, 2008; however,
the NPRM proposes accomplishing the modification within 3 years after
the effective date of the AD. Airbus notes that the current compliance
time would give operators until the last quarter of 2009 to accomplish
the required modification.
The Air Transport Association (ATA), on behalf of its members and
U.S. Airways, asks that the compliance time for the modification
specified in the NPRM be extended to 42 months. The ATA states that its
members generally support the intent of the AD, and have been in lead
airline discussions with Airbus and Messier on the referenced service
bulletins. The commenters state that to comply with the work
instructions specified in the referenced Air Cruisers service
bulletins, the affected slides must be sent to the original equipment
manufacturer (OEM) for modification. Due to this fact, more time is
necessary for accomplishing the modification.
We do not agree with the requests to either reduce or extend the
compliance time. The 36-month compliance time required by this AD
reflects an equivalent amount of time specified by the French
airworthiness directive. In developing an appropriate compliance time
for this action, we considered the safety implications, parts
availability, and normal maintenance schedules for the timely
accomplishment of the modification. In consideration of these items, as
well as the reports of slide damage and deflation during deployment
tests, we have determined that the 36-month compliance time required by
this AD will ensure an acceptable level of safety and allow the
modifications to be done during scheduled maintenance intervals for
most affected operators. In addition, if the slides are sent to the OEM
for modification, the compliance time is more than adequate to cover
such circumstances. We have made no change to the AD in this regard.
Request To Change/Clarify Certain Procedures
The Modification and Replacement Parts Association (MARPA) provided
the following comments to the NPRM.
MARPA states that paragraph (e) of the NPRM requires work
to be accomplished as specified in a particular Airbus service
bulletin.
[[Page 61647]]
MARPA adds that manufacturer's service documents are privately authored
instruments, generally having copyright protection against duplication
and distribution. When a service document is incorporated by reference
into a public document, such as an airworthiness directive, pursuant to
5 U.S.C. 552(a) and 1 CFR part 51, it loses its private, protected
status and becomes a public document. MARPA notes that the NPRM is one
of these public documents, but does not incorporate by reference that
service document. Therefore, the NPRM, as proposed, attempts to require
compliance with a public law by reference to a private writing. MARPA
believes that public laws, by definition, should be public, and asks
that the referenced Airbus service bulletin be incorporated by
reference into the AD.
We do not agree that documents should be incorporated by reference
during the NPRM phase of rulemaking. The Office of the Federal Register
(OFR) requires that documents that are necessary to accomplish the
requirements of the AD be incorporated by reference during the final
rule phase of rulemaking. This final rule incorporates by reference the
document necessary for the accomplishment of the requirements mandated
by this AD. Further, we point out that while documents that are
incorporated by reference do become public information, they do not
lose their copyright protection. For that reason, we advise the public
to contact the manufacturer to obtain copies of the referenced service
information.
MARPA also states that service documents incorporated by
reference should be made available to the public by publication in
either the Federal Register or the Docket Management System (DMS),
keyed to the action that incorporates those documents. The stated
purpose of the incorporation by reference method is brevity, to keep
from expanding the Federal Register needlessly by publishing documents
already in the hands of the affected individuals. MARPA adds that,
traditionally, ``affected individuals'' means aircraft owners and
operators, who are generally provided service information by the
manufacturer. MARPA adds that a new class of affected individuals has
emerged, since the majority of aircraft maintenance is now performed by
specialty shops instead of aircraft owners and operators. MARPA notes
that this new class includes maintenance and repair organizations,
component servicing, and/or servicing alternatively certified parts
under section 21.303 (``Parts Manufacturer Approval''), of the Federal
Aviation Regulations (14 CFR 21.303). MARPA states that the concept of
brevity is now nearly archaic as documents exist more frequently in
electronic format than on paper. Therefore, MARPA asks that the
referenced Airbus service bulletin be published either in the Federal
Register or on DMS.
In regard to the commenter's request that service documents be made
available to the public by publication in the Federal Register, we
agree that incorporation by reference was authorized to reduce the
volume of material published in the Federal Register and the Code of
Federal Regulations. However, as specified in the Federal Register
Document Drafting Handbook, the Director of the Office of the OFR
decides when an agency may incorporate material by reference. As the
commenter is aware, the OFR files documents for public inspection on
the workday before the date of publication of the rule at its office in
Washington, DC. As stated in the Federal Register Document Drafting
Handbook, when documents are filed for public inspection, anyone may
inspect or copy file documents during the OFR's hours of business.
Further questions regarding publication of documents in the Federal
Register or incorporation by reference should be directed to the OFR.
In regard to the commenter's request to post service bulletins on
DMS, we are currently in the process of reviewing issues surrounding
the posting of service bulletins on DMS as part of an AD docket. Once
we have thoroughly examined all aspects of this issue and have made a
final determination, we will consider whether our current practice
needs to be revised. No change to the final rule is necessary in
response to this comment.
In addition, MARPA states that paragraph (g)(3) of the
NPRM is vague. MARPA adds that courts have universally held that
requirements are unenforceable if they are too vague to convey to a
reasonable person the specific acts that are required or proscribed by
the rule.
We partially agree with MARPA. We are considering clarifying the
text of paragraph (g)(3) in future ADs to more clearly remind operators
they are required to assure a product is airworthy before it is
returned to service. However, we consider the existing text to be
legally enforceable since it requires performing FAA-approved
corrective actions before returning the product to an airworthy
condition. No change is required to this final rule in that regard.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable in a U.S. court of
law. In making these changes, we do not intend to differ substantively
from the information provided in the MCAI and related service
information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are described in a separate paragraph of the AD. These requirements, if
any, take precedence over the actions copied from the MCAI.
Costs of Compliance
Based on the service information, we estimate that this AD affects
about 37 products of U.S. registry. We also estimate that it takes
about 5 work hours per product to do the actions and that the average
labor rate is $80 per work hour. Required parts cost about $370 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
change for these costs. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of the AD on U.S.
operators to be $28,490, or $770 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority
[[Page 61648]]
because it addresses an unsafe condition that is likely to exist or
develop on products identified in this rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
; or in person at the Docket Management Facility between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2006-21-07 Airbus: Amendment 39-14792. Docket No. FAA-2006-25060;
Directorate Identifier 2006-NM-119-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective November
24, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus A321 aircraft, all certified
models and serial numbers that are equipped with escape slides, part
number (P/N) 62292-105, 62292-106, 62293-105, or 62293-106. Aircraft
on which no modification/replacement of escape slides at doors 2 and
3 has been performed since embodiment of Airbus Modification 34989
in production are not affected by the requirements of this AD.
Reason
(d) Some cases of slide damage and deflation have been reported
during deployment tests at doors 2 and 3 of the A321. Analysis has
shown that the slide may inflate too fast compared to the associated
door release. If there is a delay during the opening of the door,
the inflatable slide may exercise pressure on this not yet opened
door, which could result in damage to the inflatable slide. A slide
not inflated correctly may disrupt passenger emergency evacuation.
For such reason, this AD renders mandatory the removal of one of the
two inflating vacuums in order to reduce the speed of the slide
inflation.
Actions and Compliance
(e) Unless already done, do the following actions except as
stated in paragraph (f) below: Within 36 months after the effective
date of this AD, modify the slides, P/N 62292-105, 62292-106, 62293-
105, or 62293-106, in accordance with the instructions given in
Airbus Service Bulletin A320-25-1416, dated May 20, 2005.
FAA AD Differences
(f) None.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
ATTN: Dan Rodina, Aerospace Safety Engineer, International Branch,
ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone (425) 227-2125; fax (425)
227-1149; has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19.
(2) Notification of Principal Inspector: Before using any AMOC
approved in accordance with 14 CFR 39.19 on any airplane to which
the AMOC applies, notify the appropriate principal inspector in the
FAA Flight Standards Certificate Holding District Office.
(3) Return to Airworthiness: When complying with this AD,
perform FAA-approved corrective actions before returning the product
to an airworthy condition.
(4) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(h)(1) This AD is related to MCAI French airworthiness directive
F-2005-155, dated August 31, 2005, which references Airbus Service
Bulletin A320-25-1416, dated May 20, 2005, for information on
required actions.
(2) Airbus Service Bulletin A320-25-1416, dated May 20, 2005,
refers to Air Cruisers Service Bulletin S.B. A321 005-25-15, dated
May 30, 2005, as an additional source of service information for
modifying the escape slides.
Material Incorporated by Reference
(i) You must use Airbus Service Bulletin A320-25-1416, dated May
20, 2005, to do the actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.
Issued in Renton, Washington, on October 10, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-17420 Filed 10-18-06; 8:45 am]
BILLING CODE 4910-13-P